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©2015 Athene Annuity and Life Company
Terms and Conditions | Privacy | LegalTerms and Conditions for Use of Athene Connect ("Terms of Use")
1. The Site; Your Acceptance
The Terms of Use is an electronic contract between you and Athene and its subsidiaries (“Athene”) that sets out the legally binding terms of your use of this website (the “Site”). You must agree to these Terms of Use in order to use this Site and by using this Site you consent to be legally bound by these Terms of Use and Athene's privacy policy, found at http://www.athene.com/portal/site/athene/privacy (the “Privacy Policy”) and incorporated herein by reference. You further agree that your use of a key pad, mouse, or other device to select an item, button, icon, or similar act/action, or to otherwise provide Athene instructions via www.athene.com/connect, or in accessing or making any transaction regarding any agreement, acknowledgment, consent terms, disclosures or conditions constitutes your signature (hereinafter, “E-Signature”), acceptance and agreement as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and Athene. You also represent that you are authorized to enter into these Terms of Use for all persons who own or are authorized to access any of your accounts and that such persons will be bound by these Terms of Use. You further agree that each use of your E-Signature on this Site constitutes your agreement to be bound by the Terms of Use as it exists on the date of your E-Signature.
2. Intellectual Property Rights, Confidentiality
This Site and all the materials available on the Site are the property of Athene and/or our affiliates or licensors, and are protected by copyright, trademark and other intellectual property laws. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Use, or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your use, provided that you keep intact all copyright and other proprietary notices. Information about requesting permission to reproduce or distribute materials from the Site can be found by emailing adreview@athene.com. By using the Site and accessing the data, software and other materials (the “Materials”) on the Site, you understand and agree that the Materials contained on the Site are confidential. You further understand and agree that the Materials may be used only for the purpose of marketing the products of Athene and may not be disclosed or distributed to anyone other than Athene's agents or potential agents, and may not be used for any other purpose.
3. Limitation of Liability
To the fullest extent permitted by law, under no circumstance shall Athene, our subsidiaries, parent companies, affiliates or officers, directors, employees or agents of the same be liable for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Site, (III) any unauthorized access to or use of our servers and/or any and all personal, business and/or financial information stored therein, (IV) any interruption or cessation or transmission to or from our Site; (V) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Site by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or otherwise made available via the Site, whether based on warranty, contract, tort or any other legal theory, and whether or not Athene or any other person is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
4. Disclaimer of Warranties; Disclaimer of Liability
You agree that your use of the Site shall be at your sole risk. The information, products and services offered on or through the Site and any third-party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permitted by applicable law, Athene, disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Athene, its affiliates and licensors do not make any warranties or representations about the accuracy or completeness of the Site’s content or the content of any sites linked to the Site and assume no liability or responsibility for any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Site, (III) any unauthorized access to or use of our servers and/or any and all personal, business and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from our Site, (V) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Site by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Site.
Athene, its affiliates and licensors do not warrant or make any representations regarding the use or the results of the use of the Site or materials on this Site or on third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
Links and pointers may be provided to Internet sites maintained by outside third parties. Linking or pointing to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither Athene nor its parent or subsidiary companies nor any of its respective affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked on the Site. You must provide, and are solely responsible for, all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
5. Registration
To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, we may require you to register with us on the form provided and such registration may require you to provide certain personally identifiable information such as your name and email address. You agree to provide us true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, we have the right to terminate or suspend your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
When you register with Athene, you agree to the following:
• You are responsible for maintain the confidentiality and security of your login name and password;
• Athene is authorized to act on instructions received under your password without any requirement to question those instructions, and you are solely responsible for all transactions or acts that are validated through use of your password, whether or not made with your knowledge or authority;
• If you permit any person to use your login name and password, you may be liable for transactions made by that person;
• Athene is not liable for any unauthorized access to your information that is not directly due to the negligence of Athene;
• You will notify Athene immediately if you believe anyone else has learned your password or if you believe an unauthorized access to Athene or your information has occurred;
• Athene may deny or block access to any transaction made under your password without prior notice if we believe your password is being used by someone other than you, or if any unauthorized access to your information has occurred or may occur, or for any other reason, but we are under no obligation to do so.
6. Indemnity
You agree to defend, indemnify, save and hold harmless Athene, its parent, subsidiaries, affiliates, officers, directors, employees, and agents from and against any and all claims, obligations liabilities, costs or debt, and expenses (including attorneys’ fees) arising from any act or omission by you, your employees, agents and contractors related to: (i) use of and access to the Site; and (ii) violation of these Terms of Use.
7. Ability to Accept Terms of Use
You represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you represent and warrant that you are over the age of 13.
8. Termination
We may cancel or terminate your right to use the Site or any part of the Site at any time and without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liability set forth in these Terms and Condition, survive.
9. Other
The laws of the State of Iowa (without giving effect to its conflict of laws principles) govern all matters arising out of or relating to these Terms of Use and the transactions it contemplates, including, without limitation, its interpretation, construction, performance and enforcement. You hereby consent to, and agree that any dispute arising out of or in connection with these Terms of Use or the Site is to be adjudicated before a Federal District Court or Iowa district court located in Polk County, Iowa, and you consent, and agree to, hereby submit to the exclusive jurisdiction of the courts of the State of Iowa located in Polk County, Iowa, and of the Federal District Courts located in Polk County, Iowa, with respect to any action or legal proceeding commenced by any party, and irrevocably waive any objection you now or hereafter may have respecting the venue of any such action or proceeding brought in such a court or respecting the fact that such court is an inconvenient forum. The Terms of Use constitute the entire agreement between you and Athene with respect to the subject matter hereof and the Terms of Use supersede any all prior negotiations, representations, warranties, undertakings or agreements, written or oral. If any provision of these Terms of Use is determined to be invalid, illegal or unenforceable, the remaining provisions of the Terms of Use remain in full force, if the essential terms and conditions of the Terms of Use for you and Athene remain valid, binding and enforceable.
Privacy
We take care to protect the privacy of our customers and the users of this site. If you are a customer of Athene, you should previously have received a copy of Athene's Privacy Notice, which describes how we safeguard customer non-public personal information.
Some information is collected when you visit this site because your IP address needs to be recognized by the server. We may use this information internally to analyze and monitor how different pages of the site are used. We will not disclose any personal information we collect about you when you visit this site to a third party without your consent.
Athene Privacy Notice
Applicable to: Athene Annuity and Life Company; Athene Life Insurance Company of New York.
Your privacy matters to us. We pledge to protect your privacy and earn your trust. We respect your right to keep your personal information private and to avoid unwanted sales calls. Please read this to learn how we will handle your personal information.
Types of Information Collected
We collect data about people and property to quote and service insurance policies. Some of this is called "Nonpublic Personal Information." This generally means data you provide to us; is obtained by us; or that results from your transactions with us. It does not include data available to the public. The types of data we collect may vary by the products or services you request. These may include:
• Application Information: This is data we may receive from you on applications or other forms; by phone; and online. It includes, but is not limited to, your name; address; phone number; tax id number; birth date; sex; financial information and medical history.
• Transaction Information: This is data about your transactions with us; our affiliates; or others. It includes, but is not limited to, your policy selections; premiums; payment history; policy values; policy start and end dates; agent of record; and interest earned. We may also obtain data about you from other sources when issuing your policy. These may include other policies and consumer reporting agencies. It may also include data used to review and settle claims or complaints, such as agent reports and death certificates.
• Medical/ Non-Medical Information: This is data we may receive from service providers and database management services, and is used to confirm or underwrite Application Information. It includes, but is not limited to, reports of one or more medical conditions or test results reported by companies; paramedical facilities; and medical facilities or providers.
• Web Site Information: When you visit any Internet web site, including ours, certain data from your computer may be captured. The data we may receive from your computer when you visit our Web sites includes the referring Web site you visited before ours; your Internet e-mail address; browser version; and statistics on Web traffic and usage patterns. Any web sites you visit, including ours, may also store "cookies" on your computer to save user data entered while visiting our Web sites, and collect technical data, such as your Internet protocol (IP) address; operating system; and session ID.
Parties to Whom We May Disclose Information
Nonpublic Personal Information about you and our past customers may be shared with others as allowed by law. This may include sharing data with third parties that is necessary to effect, administer or enforce your transaction with us, or as needed to service your policy. These parties may include, but are not limited to, independent contractors; insurance support organizations; insurance agents and brokers; health information management providers; third party administrators; reinsurance providers; and courts and government agencies. As required by the Fair Credit Reporting Act, we will not share data we obtain from consumer reporting agencies without your consent. Insurance support organizations may retain your information and provide such information to other parties as allowed by law.
We may also share data with people and companies, as allowed by law, to perform services or functions on our behalf or to financial institutions with whom we have joint marketing agreements. The purpose of this is to inform you of other financial products or services jointly offered, endorsed, or sponsored by us that we believe you may find useful.
Changes or Corrections to Information
You may request a copy of your Nonpublic Personal Information. We will send it to you by mail, or by other method of your choosing. You may request changes of data you believe to be in error. We are under no obligation to make the requested change(s). We will inform you if we do not take the requested action. We will also provide an explanation of why we have not taken the requested action. We will maintain the request and our decision as part of your file. We will make the request, our decision, and any changes made, available to other parties to whom we have made proper disclosure of such data.
Confidentiality & Security
We limit access to Nonpublic Personal Information about you to those employees and other parties who must use that data to provide products or services to you. Their right to further share and use such data is limited by our employee handbook, nondisclosure agreements and the law, where appropriate. We also maintain physical, electronic, and procedural safeguards in compliance with applicable laws and regulations to guard your Nonpublic Personal Information.
Legal
Neither Athene Annuity and Life Company nor Athene Life Insurance Company of New York authorizes its agents, employees or representatives to give legal, tax or accounting advice.The information contained herein is our understanding of current laws as they relate to life insurance and annuity products. These laws are subject to change in the future. Please consult your personal adviser for any needed legal, tax or accounting advice.
The information contained on this site is provided for information only and shall not be construed as an offer, an acceptance or the solicitation of an offer to contract between Athene and any other party (ies). While the information contained on the site has been compiled in good faith, no representation is made as to its completeness or accuracy.
Athene reserves the right to add, modify or delete information on this site at any time. All information and content on the site is subject to applicable statutes and regulations, and is furnished without warranty of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Athene makes no representations or warranties as to the accuracy of any information contained herein. Athene shall not be liable, in negligence or otherwise, to any person for any error, omission or incompleteness of the information, or detrimental reliance on the information on the site, nor shall Athene be under any obligation to advise any person of any error therein.
In no event shall Athene be liable for any damages whatsoever, including without limitation, damages for loss of profits, business interruption or loss of information arising out of the use or inability to use the site or the information.
Insurance companies and insurance products in the United States are regulated primarily by state laws. Your state's Department or Division of Insurance regulates the sale of Athene products in your particular state. You may contact your state's Department or Division of Insurance with any questions you may have regarding specific insurance regulatory or compliance concerns. Contact your state's Division of Insurance for more information.